State v. Werner’s Empirical Analysis

Citation profile

22 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) General Rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record.” “(b) Discretion. Evidence of a conviction under this rule is not admissible if the court determines that its prejudicial effect substantially outweighs the probative value of the conviction.””

   2 later decisions quote this exact passage
   e.g. State v. Silvia · State v. Remy

2. ““Ladies and gentlemen, the witness, who appeared here a few minutes ago, Mr. Sims, was asked a question * * * how he knew [defendant]; specifically, I believe he was asked, 'How do you know him?’ "And it appears his response was, ‘Well, through being in jail, you know, since we was kids.’ "Ladies and gentlemen, I honestly don’t know what that response means, implies, or suggests. I do know that I’m striking the response and ordering you to disregard it. It has nothing, whatsoever, to do with the issues in this case; all right? "I further instruct you that, in determining the facts of this case, you can’t speculate as to the meaning of that statement, nor can you give it any weight. The state in this case is charged with the burden of proving this defendant guilty of these crimes charged by proof beyond a reasonable doubt. Those are issues, and those are the only issues you are to consider. In other words, what Mr. Sims said, suggested, or implied, if at all, he did. "I’ll be honest with you, I don’t quite know what he meant. It has nothing to do with this case, and I don’t want you to consider it or give it any weight in determining whether the defendant committed the crimes charged. "I’m going to ask you to search your hearts, your conscience, and give me an honest, complete, and truthful answer. Can you disregard that statement, not speculate about it, and consider the issues in this case based upon the evidence presented in this case? "Can you do that?””

   1 later decision quote this exact passage
   e.g. State v. Coleman

3. “"All right, ladies and gentlemen, you just heard [the witness] make an answer that she opened this particular box when she was living with the defendant’s sister and he was in jail. "Now, that's an improper reference because it may lead you to believe that because he's in jail he may have done something else untoward or other. I don't know if he was in jail. If he was in jail, it's none of our concern whatsoever. You are to judge this case on its merits or lack of its merits according to the instructions that I give you. So I’m going to instruct you now to disregard any notion that this defendant may or may not have been in jail, what he may have been in there for, just put it out of your mind. It has absolutely no bearing on the guilt or innocence of this defendant in this case.” Id. at 207 .”

   1 later decision quote this exact passage
   e.g. State v. Coleman